Court Affirms Defense Verdict, Finds Expert Opinions On Mold Unsupported
LOS ANGELES - A California appeals court on May 11 affirmed a trial court's ruling in favor of an apartment complex owner and others, finding that the court did not err in excluding expert testimony regarding a tenant's alleged illnesses caused by mold exposure and in finding that the expert testimony lacked foundation (Darcee Dee v. PCS Property Management Inc., et al., No. B186000, Calif. App., 2nd Dist., Div. 4; 2009 Cal. App. Unpub. LEXIS 3659). Full story on lexis.com

Court Finds Fact Issues Exist On Mold, Defect Claims Against Mobile Home Maker
INDIANAPOLIS - After finding that too many issues of fact exist in relation to a family's claims that alleged defects in their mobile home caused toxic mold growth and personal injuries, an Indiana appeals court on May 15 reversed a ruling in favor of the manufacturer of the home (Sandra Dinsmore, et al. v. Fleetwood Homes of Tennessee Inc., No. 49A02-0807-CV-615, Ind. App.; 2009 Ind. App. LEXIS 818). Full story on lexis.com

Court Affirms Transfer Of Negligence Action Against Manufactured Home Seller
GRAND RAPIDS, Mich. - A Michigan appeals court panel on May 12 affirmed a ruling to transfer a family's claims against the seller of their manufactured home for negligence and other claims after their home flooded and became contaminated with mold, finding that the homeowners failed to show that the damages they sought are in excess of $25,000 (Steven Raab, et al. v. River Ridge-Saline L.L.C., No. 280335, Mich. App.; 2009 Mich. App. LEXIS 992). Full story on lexis.com

Court Remands Homeowners' Claims For Breach Of Contract Against Insurer
CORPUS CHRISTI, Texas - A Texas appeals court on April 30 affirmed a trial court's ruling to dismiss claims for mold damage asserted by homeowners seeking coverage under their insurance policy but reversed and remanded the insureds' claims for breach of contract in relation to their claims for water damage (Ramon and Anita Garcia v. State Farm Lloyds, No. 13-07-00381-CV, Texas App., 13th Dist.; 2009 Tex. App. LEXIS 2978). Full story on lexis.com

Exclusions Bar Coverage For Water Damage, Panel Holds
LOS ANGELES - The Second District California Court of Appeal on May 5 ruled that a homeowners policy does not cover water and mold damage that resulted from contractor-induced negligence that led to corrosion and water seepage (Bernard Freedman, et al. v. State Farm Insurance Co., No. BC348130, Calif. App., 2nd Dist.). Full story on lexis.com

Arkansas Federal Judge Says Subcontractor's Faulty Work Not An 'Occurrence'
FAYETTEVILLE, Ark. - An insured subcontractor's defective workmanship does not constitute an "occurrence" under a commercial general liability insurance policy, an Arkansas federal judge ruled April 16 (The Cincinnati Insurance Cos. v. Collier Landholdings LLC, et al., No. 08-5099, W.D. Ark.; 2009 U.S. Dist. LEXIS 32936). Full story on lexis.com